Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-10-28

sucA mower had been delegated 70 any depart
ment Of The General 0oyernment
The Executive Department OF the Govern
ment before the administration OF NJ. Tim
coin, recognized shis principle, and y had been
Court OF the United States, tie nnal arbiter
under The Constitution Of all questions OF
FEDERAL rights, powerr, and duuee
The state Of ken,ucky eought TO invoke the
power OF the Federal Government 20 compel
The Governor Of ohio 10 perform duty Gu
joined upon him by the Constitution and an
act Of Congress made in pursuance OF IL The
Supreme Court first determined that the COu-
stiiutiOn and the law plainly made 70 the duty
az the Governor Of Ohio 20 perform the act IN
question, and then proceeded TO use this Ian
- And e would seem that whom the Consttu-
tion was framed and this Law was passed IL
was confidently believed that n sense OF justice
and Of mutual interest would insure n faithful
execution Of this constitutional provision by
tho Executive Of every state. for every state had
an equal interest In the execution Of a compact
absolutely essential 10 their peace and we'll
being In the internal concerns "a well rs MEM
hers Of the Union Hence. the use Of the words
ordinarily employed when an undoubtcd obll-
gallon Il required 30 be performed. II shau
lie his duty But N the Governor Of Ohio re-
fufas 20 discharge his duty, there 10 no power
delegated TO the General Government either
through the judicial department or any other
department., 10 use any coercive means % com
The mandnmus must be OveTuled.n
This decision was rendered by tho supreme
Court at its DccembeT term 1850, after the cleo
ton Of Mr.. incoln. You viii observe that the
proclamation sought 20 avoid the law as estab-
lshed by the supreme Court 10y affecting TO
treat the secessSon Of the states IA an act OF In
surrcction on the part Of their people. but ~
was TOO plain 10 nislead any one that the
avowed objects Of the proclamation could not
he attained without successful war upon TIE
States against which IL was directed. In fact,
We know that the attempt 10 attain hesc OBJ
tccts by the means proposed In the prorlama-
lion resulted In the complete overthrow OF
those States political organizations ana
their n. establishment "a members OF the pres
eut Union under conditions prescribed by the
power acquired by successful war.
But the proclamation further declares mat II
Is an effort " TO maintain the honor, the inte-
gritty and the existence 81 our national Union
and the pcrp0iuity OF popular government, ana
90 redress wrongs already long enough en-
dured."
Under such vague specifications there could
be no Limitation upon the use the President
might make OF the army he called into the field
except his own will.
What, for example, did the proclamation
mean by popular government; There were
multiiudes Of people in the North who I'll not
regard the governments OF the slave states rs
popular governments
THE PRESIDENTS TOWER UNLIMITED.
And, above all. what did he mean by redress
What were the wrongs, and what the mode aud
measure OF redrt So
You Will see that within the scope % the pro-
clamRtion the President could do anything he
pleased with the force he called 20 his aid, by
any means he might think best The prOcla-
nation Is silent "a 20 the powers which would
be exercised 10y the President 10 attain the
vague aud underlined objects in view: but We
are not left in doubt as 10 what those powers
were lie enumerated some OF them in his
message 10 Congress on the 4th OF July, 1861.
nearly three m nths after the war began. lie
says:
"Recurring 10 the action Of the Government,
II may he stated that at erst cal WAS mndc
for sevanty-flve thousand militia, and rapidly
following this proclamation was issued Tor
closing the ports Of the insurrectOnary dis
tricts by proceedings In the nature OF blockade.
SO far all was believed 10 be strictly legal At
this point the insurrcctOnisis announced their
purpose 10 enter upon the practice OF priva-
teering. Other calls we're made for volunteers
10 serve for three years, unless sooner dis
charged. and also for large additions to
the army and navy. soon
after the first call for militia IL was considered
duty 10 authorize the commanding general
in proper cases, according 10 his discretion, %
suspend the privilege Of the writ Of habeGs
oorTus or. In other words, TO arrest and detain,
without resort 10 the ordinary process and
forms 81 law. such individuals Hs he might
deem dangerous % the public safety
We must add 10 the powers Just enumerated
those set forth IN n special message 10 Con-
by the House Of Representatives of a resolution
CensuriuG Nj simon Cameron for making con-
tracts while Secretary Of Nar without authority
Of law. Mr.. Lincoln assumed the responsibility
Of the acts 81 Mr.. Cameron, and Informed Con-
gress that In addition to the things enumerated
ia his message Of July 4th, he had .isbursed
the public money az his own will, through Gov
eminent officials or private citizens, AZ his
pleasure.
PULL SIGNIFICANCE OF THE PROCLAMATION.
ASH desire to impress upon yours minds the
fun significance Of the proclamation OF the 18th
81 April shall take the liberty 10 ala to u ia
words, the powers which MIR. Lincoln assumed
in order 10 carry IL into eject 80 that IL shau
read a. If those powers had been inserted IN
the instrument itself. 1t would have about as
follows:
"And 70 accomplish the objects Of this
proclamation DO hereby declare that shall
proceed % increase the regular army and
navy 81 the United states 10 such an extent az
may think necessary. / shall SET on foot
blockade Of the ports Of the States mentioned
in this proclamation / shall take possession of
the Treasury % the nited states and use the
public money a. see 1T, through such agents
"a 1 may select, whether they be agents known
10 the Law or such as may personally dc'ig-
nate. And. finally, | shan arrest and detaia,
without regard 10 the ordinary processes and
forms Of law. all persons inst may consider
dangerous 10 the pubic safety, meaning All
persons who oppose the measures hereby
decree to 10 necessary for The public safety"
know nothing that can Doe added TO complete
the picture of an absolute government
The army, the navy, The treasury, the sword,
and the purse all IN the hands of the President,
the security Of personal liberty gone, what right
that free government Is intended to secure re-
manned;
Tie picture needs but one moro touch 10 give
1.-THE cOlOTing Of the most odious OF all tyranny
the tyranny OF numbers uurcstrained by law.
And that touch II not wanting.
MI. Lincoln, In his message of July fih, al,
ready referred 10, after recapitula,ing some OF
70 le
"Thoee measures, whether strictly legal or
not were ytnturCd upOn What appeared TO Doe a
popular demand ana public necessity, trusting
men a. now, that Congress would readily ratiiy
them
let me endeavor 10 sum up the whole matter
a. II was presented 10 the people Of the border
States for their acceptance. on rather "a IL VA
announced TO them, Tor their obedience.
Assaults ABSOLUTE POWER
The Precedent in eject said 20 them:
81 this DAY assume absolute power. take
into my hands the control Of the purse and ol
the sword Of The United states. ! suspended
the writ Of hdbcds corpus. ami shall arrest and
dctain al my pleasure any persons whom may
consider dangerous 10 the public safety
"l assume al these powers, and shall us.
them 20 compel the States Of the south, whlct
have seeded, 10 return 10 the Union. % man
tain popular government and TO aYeug'
All thcse thing. do In obedience 10 popu
lar demand. ana now require your suOmis
zion dn0 support
I think II il impossible 20 recognize in TIL
picture Of ahsOlutism a trace Of American con
sututioral government DO not think lint a.
attempt has been made 20 assert such power
over men Of Engii'h speech and English bl0o'
since Charles the irst passed from the roya
lauqucting hall 10 death. Certainly not slnr
William OF Orange landed At Iorbay
Tie President Of tho United states assume
absolute power la com pliHuce with populs
demand and called for an army 10 DO wha
that popular demand required. 800
Among the things to DO dOue was one whi'
ne supreme Court had declared that the Gov
crnment of the United States had no power I
do and another WAS something which, unde
all free governments. IS left 10 the civil magi'
trate and not 20 the solder--tO e9snge wrong
All who lived during those exciting TINS
will bear witness 10 the truth Of Mr. Lincoln
statement that what no did Was In cOnpllHnc
win popular demand.
Tho PEOPLE Of the North had been reused
fury and clamOrcd for the blood Of the
political enemies Every measure OF III
Administration, however extreme and hOWeYe
Illegal. was received with acclsmatOns. and
suggestion of opposition or dissent was Toate
"a Kind Of treason.
Before proceeding 10 describe the effect {
this proclamation upon the people OF N
border States. ! desire TO call your attenuo
10 a circumstance well calculated TO cause the
70 interpret IL most unfavorably 10 their Ow
security
Mr.. Lincoln had been elected by mInor
Of the voters Of the United Staica, but by
majority Of the people Of the northern State
While bis party expressed no purpose or q
sire 70 Interfere with slavery In the states
which u wss established. IL was openly hosti
10 the institution and ready 20 resolve all que
tiops concerning IL that might come within q